Coleman v. State
| Docket Number: | 2001-KA-01353-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary - Identification jury instruction - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-09-2000 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: BURGLARY - SENTENCED TO SERVE SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: John C. Gargiulo Case Number: B-2401-99-718 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Leroy Coleman |
LISA D. COLLUMS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STEWART |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Burglary - Identification jury instruction - Sufficiency of evidence |
| Summary of the Facts: | Leroy Coleman was convicted of burglary and sentenced to seven years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Identification jury instruction Coleman argues that the court erred in deleting a paragraph from the jury instruction he submitted regarding identification. While the deleted portion does correctly state our case law and could have been granted, it is not reversible error because the substituted jury instruction fairly announces the law and creates no injustice to Coleman. In addition, the court instructed the jury on proving the elements beyond a reasonable doubt which placed the issue of possible misidentification before the jury. Issue 2: Sufficiency of evidence Coleman argues propounds that it was error to use a witness’s identification as direct evidence to show Coleman’s culpability since, at a photographic line-up, the witness was not one hundred percent positive that Coleman was the perpetrator, while at trial the witness identified Coleman as being the person he observed. The weight and credibility of the evidence are factual issues that are determinations for the jury. Here, the jury found that the witness’s identification of Coleman was credible. |
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